HICKS v. DUCKWORTH

No. 89-1672.

922 F.2d 409 (1991)

William HICKS, Petitioner-Appellant, v. Jack R. DUCKWORTH and Indiana Attorney General, Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided January 10, 1991.


Attorney(s) appearing for the Case

Margaret L. Paris, Cotsirilos, Stephenson, Tighe & Streicker, Chicago, Ill., for petitioner-appellant.

Kermit R. Hilles, Deputy Atty. Gen., Office of Atty. Gen., Indianapolis, Ind., for respondents-appellees.

Before COFFEY, MANION, and KANNE, Circuit Judges.


KANNE, Circuit Judge.

This appeal raises a single issue. Are a defendant's double jeopardy rights violated when the state successfully pursues an appeal of the dismissal of an habitual offender charge after the defendant has already begun serving a sentence on the underlying crime. Because of the reasons set forth below, we affirm the district court's dismissal of the 28 U.S.C. § 2254 petition.

I.

Hicks was charged by information with burglary...

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